2015 -- H 5950

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LC002218

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO ELECTIONS - MAIL BALLOTS

     Introduced By: Representatives Keable, Johnston, Solomon, and Blazejewski

     Date Introduced: March 19, 2015

     Referred To: House Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-23 and 17-20-29 of the General Laws in Chapter 17-20

entitled "Mail Ballots" are hereby amended to read as follows:

     17-20-23. Marking and certification of ballot. [Effective January 1, 2015.] -- (a) A

voter may vote for the candidates of the voter's choice by making a mark in the space provided

opposite their respective names.

      (b) In case a voter desires to vote upon a question submitted to the vote of the electors of

the state, the voter shall mark in the appropriate space associated with the answer that the voter

desires to give.

      (c) Voters receiving a mail ballot pursuant to § 17-20-2(1), (2), and (4) shall mark the

ballot in the presence of two (2) witnesses or some officer authorized by the law of the place

where marked to administer oaths. Voters receiving a mail ballot pursuant to § 17-20-2(3) do not

need to have their ballot witnessed or notarized. Except as otherwise provided for by this chapter,

the voter shall not allow the official or witnesses to see how he or she marks the ballot and the

official or witnesses shall hold no communication with the voter, nor the voter with the official or

witnesses, as to how the voter is to vote. Thereafter, the voter shall enclose and seal the ballot in

the envelope provided for it. The voter shall then execute before the official or witnesses the

certification on the envelope. The voter shall then enclose and seal the certified envelope with the

ballot in the envelope addressed to the state board and cause the certified envelope containing the

ballot to be delivered to the state board not later than the time prescribed by § 17-18-11 for the

closing of polling places on the day of election. on or before election day.

      (d) These ballots shall be counted only if received within the time limited by this

chapter.

      (e) There shall be a space provided on the general election ballot to allow the voter to

write in the names of persons not in nomination by any party as provided for in §§ 17-19-31 and

17-20-24.

     17-20-29. Mail applicant not permitted to vote at polls Mail applicant permitted to

vote a provisional ballot. -- (a) No person, or one claiming to be that person, whose name has

been marked upon any voting list, provided for official use at any election, with the mark as

provided by § 17-20-10, shall be permitted to vote in person at the election; provided, that the

person may re-establish his or her right to vote in person by presenting himself or herself at that

person's local board on or before election day and surrendering his or her mail ballot. Upon that

surrender the person's name shall be restored to the voting list. Any person whose name has been

marked on the voting list as applying for a mail ballot may also shall be permitted to vote in

person if that person executes and delivers to the local board an affidavit stating that the person

did not receive the mail ballot, or that the mail ballot was lost or destroyed cast a provisional

ballot in accordance with § 17-19-24.1.

      (b) Each local board shall, immediately after the close of the polls, certify and deliver to

the state board the names and addresses of all persons restored to the voting list, together with the

affidavits and surrendered ballots received pursuant to this section.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS - MAIL BALLOTS

***

     This act would eliminate the need for the certified envelope containing the mail ballot to

be placed in the outer envelope, would require that the certified envelope must be delivered to the

board of elections by closing time of the polling place on Election Day, and would allow a voter

who has applied for a mail ballot to cast a provisional ballot.

     This act would take effect upon passage.

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